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Criminal Petition No. 357 of 1983, decided on 5th February, 1984.
(From the Order, dated 10th October, 1983 of the Lahore High Court passed in Criminal Revision No.523 of 1983).
‑‑‑Art. 185 (3)‑‑Penal Code (XLV of 1860), S.304‑A‑‑ Negligent driving causing death‑‑Contention regarding alleged contributory negligence on part of deceased already attended to by Courts below‑‑No reason found for interference with concurrent conclusion of Courts‑‑Leave to appeal refused.
M. Anwar Sipra, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Sh. Ejaz Ali, Advocate‑on‑Record for A.‑G. for tae State.
Date of hearing: 5th February, 1984.
J.‑‑ The petitioner was convicted by Magistrate Section 30, Faisalabad, under section 304‑A, P.P.C. and sentenced to R.I. for three years and a fine of Rs. 5;000 or, in default in payment thereof, to R.I. for six months. On appeal, the Additional Sessions Judge, Faisalabad, maintained the conviction but reduced the substantive sentence to R.I. for 11 years, the sentence of fine remaining the same. The petitioner came up in revision before the Lahore High Court and though the same was dismissed in limine by the impugned order, dated 10‑10‑1983, he was given the benefit of section 382‑B, Cr.P.C. Not satisfied, he has approached this Court for leave to appeal.
2. The case against the petitioner had proceeded upon the allegation that on the signal of the waiting passengers at the corner of the Crescent Mills and Punjab Medical College, Faisalabad, the petitioner, who was driving the bus, had slowed down but as the deceased in order to board the bus had just caught hold of the rod of the bus, the petitioner stepped up the speed, with the result that the deceased fell down and was run over by the rear wheel of the bus.
3. It is contended that the petitioner had not slowed down the bus at the signal of the waiting passengers but because of the turn of the road and that the deceased had himself contributed to the accident by trying to board the running bus. The contention has already been attended to by the Courts below and we see no reason to interfere with their concurrent conclusion. The petition is, therefore, dismissed.
S.Q. Petition dismissed.
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